Posted by: Bob Gorman | October 10, 2015

Class Action Lawsuit Update

On July 13, 2015, a class action lawsuit was filed in the U.S. District Court for the Northern District of California against Major League Baseball.  According to the law firm handling the suit, “The nationwide class action seeks to change current MLB rules and practices, including requiring the MLB to retrofit all existing major league and minor league indoor and outdoor ballparks to extend protective netting from foul pole to foul pole by the beginning of the 2016-2017 MLB season. Relief sought also stipulates that all future ballparks intended to house major or minor league baseball games need to include at minimum this amount of safety netting. Plaintiffs also seek to create a program to study spectator injuries in an effort to continually reevaluate whether additional measures should be taken, so that precautionary measures can continue to evolve as the sport continues to evolve.” (http://www.hbsslaw.com/cases-and-investigations/cases/Major-League-Baseball-Season-Ticket-Holders).

On October 5, Major League Baseball filed a motion with this same district court asking that the suit be dismissed, stating the usual argument that the dangers to fans from foul balls and bats are widely known and that spectators are adequately warned about these dangers.  A hearing on this motion is set for November 13.

In the meantime, fan injuries continue to mount.  To date, the firm has identified at least 74 serious fan injuries since the suit was filed. (http://www.hbsslaw.com/newsroom/Injuries-Mount-As-Players-and-Commentators-Warn-MLB-That-Another-Fan-May-Die).

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